Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Reemployment; restoration of seniority and benefits; receipt of wages and benefits; attorney’s fees and costs for civil action.

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1. If the employment of a member of the Nevada National Guard or the National Guard of another state is found by the Labor Commissioner to have been terminated in violation of NRS 412.139, the member is entitled to:

(a) Immediate reemployment in the position of employment in which he or she would have been employed if his or her continuous employment with the employer had not been unlawfully terminated;

(b) Immediate restoration to the seniority and benefits to which he or she would have been entitled if his or her continuous employment with the employer had not been unlawfully terminated; and

(c) Receipt of all wages and benefits lost as a result of the termination.

2. If the employment of a member of the Nevada National Guard or the National Guard of another state is found by the district court to have been terminated in violation of NRS 412.139, the district court shall award the member, in addition to the relief provided in subsection 1 and any other relief granted by the district court, the reasonable attorney’s fees and costs incurred by the member to bring the action.

(Added to NRS by 1985, 753; A 2011, 691; 2017, 1124)


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